Terms of Use

Gardget, LLC. and/or its affiliates (“Gardget”, “we” or “us”) operate an online store (“Gardget Shop”) located at gardget.com/shop from which you may purchase products and services (“Gardget Shop Products”).

These Terms of Use apply to the content and functionality of the Gardget Shop and to the Gardget Shop Products. These Terms of Use do not apply to products or services that we make available pursuant to different terms, such as our payment processing services, which are governed by the Gardget Services Agreement.

  1. Information That You Provide To Us

You may give us information about yourself when you visit the Gardget Shop. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages to verify your identity or provide you with important information.

By visiting the Gardget Shop and providing your contact details, you authorize us to send those messages. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with “STOP,” or by following instructions provided in the message.

 However, by disabling text messaging, you may be disabling important security controls and may LLCrease the risk of loss to your business.

  1. Gardget Shop IP

As between you and Gardget, Gardget and its licensors exclusively own all rights, title, and interest in the patents, copyrights (LLCluding rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Gardget Shop (collectively, “Gardget Shop IP”).

Gardget Shop IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Gardget Shop IP not expressly granted to you in these Terms of Use are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to the Gardget Shop or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea.

You also agree that Gardget has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

  1. Access to Gardget Shop

Gardget grants you a limited, revocable, non-exclusive, non-transferable license to access the Gardget Shop. This license does not LLClude the right to use any of the content and information, LLCluding product listings.

 Our Marks Usage Agreement sets out the terms and conditions that apply to your use of our logos. Your permissions and/or licenses are automatically terminated by any unauthorized use.

  1. Products, Content and Specifications

Details of the products and services available for purchase in the Gardget Shop (“Gardget Shop Products”) are set out in the Gardget Shop. All features, content, specifications, products, and prices of products and services described or depicted in this Gardget Shop are subject to change at any time without notice.

Unless expressly noted, all weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Gardget Shop due to the limitations of the systems that you use to access the Gardget Shop.

The LLClusion of any products or services in the Gardget Shop at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons.

  • Delivery

We will deliver Gardget Shop Products to the delivery address you provide during the checkout process. We will use reasonable efforts to deliver the Gardget Shop Products to you within the estimated delivery timeframes stated on the Gardget Shop, but we do not guarantee that the delivery will occur within these timeframes.

We may deliver the Gardget Shop Products in multiple shipments. We reserve the right to cancel your order if we are unable to deliver the Gardget Shop Products to you.

  • Title and risk of loss

Title and risk of loss for Gardget Shop Products pass to you upon delivery of the Gardget Shop Products to the carrier.

  • Returns

 If you are not satisfied with a Gardget Shop Product, you may return it to us in accordance with our Return Policy, which is available on the Gardget Shop.

  1. Disclaimers and Limitations of Liability
  2. Disclaimers

The Gardget Shop and the Gardget Shop Products are provided “AS IS” and “AS AVAILABLE” without any representation or warranty, express, implied or statutory.

To the maximum extent permitted by applicable law, we disclaim all warranties and representations, express, implied or statutory, LLCluding without limitation, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from a course of dealing or usage of trade.

  • Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall we be liable for any direct, indirect, LLCidental, special, consequential, punitive or exemplary damages, LLCluding but not limited to damages for loss of profits, revenue, goodwill, use, data or other intangible losses, arising out of or in connection with your use of the Gardget Shop or the Gardget Shop Products, whether based on contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

c. Limitation of Liability to the Amount You Paid

If, notwithstanding the other provisions of these Terms of Use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Gardget Shop or the Gardget Shop Products, our liability shall in no event exceed the total amount of the fees paid by you to us for the specific Gardget Shop Product that gave rise to the damage or loss.

  1. General
  2. Governing Law

 These Terms of Use are governed by the laws of the state of New York without giving effect to any conflict of laws prLLCiples that may provide for the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located in New York City, NY, and waive any jurisdictional, venue, or LLConvenient forum objections to such courts.

  • Entire Agreement

These Terms of Use, together with any applicable Gardget Shop policies and agreements, constitute the entire agreement between you and us regarding the use of the Gardget Shop and the Gardget Shop Products, superseding any prior agreements between you and us relating to your use of the Gardget Shop or the Gardget Shop Products.

  • Modifications

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Gardget Shop or the Gardget Shop Products (LLCluding without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Gardget Shop or by sending you notice by email.

Your continued use of the Gardget Shop following any such change constitutes your agreement to be bound by the modified Terms of Use. If you do not agree to the modified Terms of Use, you must stop using the Gardget Shop.

  • Notices

Any notices or other communications permitted or required hereunder, LLCluding those regarding modifications to these Terms.

  • Returns

If you are not satisfied with a Gardget Shop Product that you have purchased, you may be able to return it in accordance with our Returns Policy, which is available on the Gardget Shop website.

  1. Indemnification

You agree to indemnify, defend and hold harmless Gardget, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Gardget Shop from and against all claims, losses, expenses, damages and costs (LLCluding, but not limited to, direct, LLCidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse or inability to use the Gardget Shop, Gardget Shop Products, or any violation by you of these Terms of Use.

  1. Sanctions and export policy

You may not use the Gardget Shop or purchase any Gardget Shop Product in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, LLCluding those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).

We do not claim, and we cannot guarantee that the Gardget Shop or any Gardget Shop Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.

  1. No warranties

We provide the Gardget Shop, Gardget Shop IP, and Gardget Shop Products “as is” and “as available,” without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee.

No data, documentation or any other information provided by Gardget or obtained by you from or through the Gardget Shop – whether from Gardget or another entity, and whether oral or written – creates or implies any warranty from Gardget to you.

Gardget disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Gardget Shop; (b) that the Gardget Shop Products will meet your specific needs or requirements; (c) that the Gardget Shop will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Gardget will correct any defects or errors in the Gardget Shop; or (e) that the Gardget Shop is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Gardget Shop is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase, or download.

Nothing in these Terms of Use operates to exclude, restrict, or modify the application of any implied condition, warranty, or guarantee, or the exercise of any right or remedy, or the imposition of any liability under the law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

  1. Miscellaneous

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision will be deemed severed from these Terms of Use and the remainder of the provisions will remain in full force and effect.

Any delay or failure to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign these Terms of Use or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent, and any attempted assignment without such consent will be null and void.

 We may assign these Terms of Use or any of our rights or obligations hereunder without your prior written consent. These Terms of Use constitute the entire agreement between us regarding the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us regarding such subject matter.

Address

Gardget, LLC

395 Flatbush Avenue Extension

 Brooklyn, NY 11201

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